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HomeMy WebLinkAboutMay 30, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 30, 1995 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 2. ~LEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for ADDroval The Council approved the minutes of Meeting of May 8, 1995 as presented. the Regular Council Establish Hearing Date for License Revocation. Rental Property at 4724 Sixth Street Northeast The Council established a hearing date of June 12, 1995 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Roger S. Kelly regarding rental property at 4724 Sixth Street Northeast. ~c~gpt Don,%ion from the Columbia Heiahts Athletic Boosters The Council approved acceptance of a donation of $125.00 from the Columbia Heights Athletic Boosters to sponsor a queen candidate for the Jamboree Celebration. Authorization to Seek Ouotations for Copier at Library The Council authorized staff to obtain quotations for purchase and installation of a departmental copier at the Library. Conferen~9 Attendance Re_~uest for Com~unity Development The Council authorizedthe Community Development Director, Don Schneider, to attend the NAHRO National Conference and Exposition in Cincinnati, ohio from October 8th to the 11th and such expenses to be paid from budgeted f~nds. Authorization to Seek Bids to Seal Well at Jackson Pond The Council authorized staff to seek bids to seal the inverted well at Jackson Pond. REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 2 Final Payment for Municipal Pro~ects ~9320. ~9321. and ~9322 - 1994 Overlay The Council accepted the work for Municipal Projects ~9320, ~9321 and #9322, 1994 overlay and authorized final payment of $8,798.34 to Midwest Asphalt Corporation of Hopkins, Minnesota. Final Pa_vment for 1995 Street and Parking Lane StriDina The Council accepted~he work for 1995 street and pa~king lane striping and authorized payment of $4,601.38 to AAA Striping Service Company of Rogers, Minnesota. License Applications The Council approved the 1995 license applications as listed upon payment of proper fees· Pa_v~ent of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Peterson, second by Jolly to approve the Consent Agenda as presented. Roll call: Ail ayes ® A resident expressed concern regarding a number of issues. Councilmember Jolly suggested the resident contact staff on these matters. A second resident noted an experience she had in a local County park and her hope this type of behavior would not be repeated in the future· PUBLIC HF~kRINGS!ORDINANCES/RESOLUTIONS a. Second Readina of ordinance No. 1299 Beina an Ordinance Re~uesting Vacation of an A11ey Between 37th and 38thAvenues The City Manager identified the amended portion of the ordinance and noted it did not require another first reading. Motion byRuettimann, second byPeterson to waive the reading of the ordinance, recognizing amended Section # 2, there being ample copies available for the public. Roll call: Ail ayes REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 3 ORDINANCE NO. 1299 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OP 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: The alley running North-South, adjacent on the east side to Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Block 91, Columbia Heights Annex to Minneapolis, Columbia Heights, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: The east seven (7) feet will be deeded from Mn DOT to the City of Columbia Heights with the resulting fourteen (14) feet of vacated alley being added to the lots above described lots that are adjacent to the west line of the alley. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: March 13, 1995 May 30, 1994 May 30, 1995 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 4 b. Public Hearing - License Revocation. 4006 Fourth Street Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held byJulie Klosterich regarding rental property at 4006 Fourth Street Northeast in that she has complied with provisions of the Housing Maintenance Code. Roll call: All ayes c. Public Hearing - License Revocation. 1439 42nd Avenue Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held byCatherine Stephenson regarding rental property. at 1439 42nd Avenue Northeast in that she has complied with provisions of the Housing Maintenance Code. R011 call: Ail ayes d. Public Hearina - License Revocation. 4653 Central Avenue Motion by Peterson, second by Petkoff to close the public hearing regarding the revocation or suspension of the rental license held by David and Norma Rust regarding rental property at 4653 Central Avenue Northeast in that the property owners have complied with the provisions of the Housing Maintenance Code. Roll call: All ayes e. Resolution No. 95-30 Being a Resolution Orderina and Levying One Mid-Block Light Located on an Existing Pole at 4711 Fifth Street Northeast Motion by Petkoff, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-30 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 577-Area 26 - Project #9510. REG%rLAR COUNCIL MEETING MAY 30, 1995 PAGE 5 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at ?:00 p.m. on the $0th day of May, 1995, in the City Council Chambers, 590 40thAvenue Northeast, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of makingthe local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, the Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY RESOLVES: Section 1: Section 2: Section 3: COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 26 - Project ~9510 for mid- block alley lighting. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. That the annual installment shall be paid in full without interest on or before September 15, 1996 (covering June electric payable July 1995 through 1996), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent special assessment is Certified to the County for collection with the real estate tax. REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 6 Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677 -Area 26 for mid-block alley lighting. Section 5: This resolution shall take effect immediately upon is passage. Passed this 30th day of May, 1995. Offered by: Seconded by: Roll call: Petkoff Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Resolution No. 95-29 Beina a Resolution AdoDtinq a Joint ~owers Agreemen% Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-29 BEING A RESOLUTION APPROVING ENTERING INTO A JOINT POWERS AGREEMENT WITH ANOKA COUNTY TO SUPPLY TRANSPORT SERVICES TO MEMBER CITIES OF THE JOINT LAW ENFORCEMENT COUNCIL WHEREAS: Anoka County and the municipalities of Columbia Heights, Anoka, Blaine, Circle PAnes, Coon Rapids, Fridley, Lexington, Lino Lakes, St. Francis, and Spring Lake Park have Joined together by joint powers agreement to form the Anoka County Joint Law Enforcement Council (ACJLEC); and WHEREAS: The ACJLEC has recommended that Joint arrangements be entered into between interested parties in order to combine efforts to provide transport service to the Anoka County Adult Correctional Facility, the Anoka Metro Regional Treatment Center or the Anoka County Juvenile Shelter during peak hours and perhaps additional times if deemed to be in the best interest of the participating agencies; and REGULAR COUNCIL MEETING MAY 30, 1995 PAGE ? WHEREAS: Anoka County is willing to provide a transport vehicle for use in providing such transport service in order to facililtate such an effort; and WHEREAS: The Joint Powers Agreement will be effective June 1, 1995 and remain in effect until terminated in accordance with terms of the Agreement in which any party may terminate participation upon ninety (90) days written notice to the other parties in addition to other considerations as noted in the body of the Agreement; and WHEREAS: Other issues/conditions of this Agreement which include: provision of transport vehicle, personnel rotation, rotation duties, transport availability, arresting officer responsibilities, training opportunities, worker's compensation coverage, indemnification, contracts and. purchases, disbursement of funds and property, accountability, agreement amendments and required signatures, will be recognized as valid and necessary parts of the activity. NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights Police Department is hereby authorized robe the participating agency for the City of Columbia Heights relative to the Joint Powers Agreement between member cities of the ACJLEC and Anoka County to provide transport service under the conditions as cited in the attached Joint Powers Agreement. Passed this 30th day of May, 1995 Offered by: Seconded by: Roll call: Petkoff Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g. Order Tollin~ Initial Review for Cable Rates Motion by Petkoff, second by Peterson to waive the reading of the Order there being ample copies available for the public. Roll call: All ayes REGARDING THE TOLLING PERIOD FOR THE REVIEW OF PROPOSED RATE INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY ON MAY 1, 1995 REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 8 WHEREAS, the City of Columbia Heights "City" is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), WHEREAS, the City has notified Meredith Cable Company (hereinafer "Company") that the company is subject to the rate regulatory authority of the City, WHEREAS, the City has received from the Company a FCC Porm 1210 "Update Form", dated May 2, 1995, WHEREAS, the Form 1210 filing implicates the City's authority to regulate basic service rates in requesting an increase in the company's maximum permittedbasic service rate, on a going forward basis, WHEREAS, the City has determined that it needs additional time to review FCC Form 1210 to ensure that the proposed rates are within the FCC standards for updating basic service rates, WHEREAS, said additional time is required to solicit, receive, and analyze additional information related to said review by the City and staff. NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the initial thirty (30) day period for the review of the proposed rates and other entries on the amended FCC Form 1210 is hereby tolled for an additional ninety (90) days. FURTHER, that this Order shall be effective i~mediately, however, the tolling period shall not begin until the expiration of the initial thirty (30) day period. FURTHER, that the Company is permitted to put the basic rate increase into effect July 1, 1995, subject to rollback and refunds. ORDERED THIS 30TH DAY OF NAY, 1995. Offered by: Seconded by: Roll call: Petkoff Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 9 Se COMMUNICATIONS a. Establish Council Work Session Dates for Ju~ Motion by Sturdevant, second by Ruettimann to establish June 5, 1995 following the Special Hearing at 8:00 p.m. and June 19, 1995 at 7:00 p.m. as City Council work session dates and times. Roll call: All ayes b. Status of 49th/Central Avenues Median Barrier The Acting City Engineer drafted a report containing comments received from the City of Hilltop, School District #13 and business owners regarding removal of the fencing from the median on Central Avenue. Also included in the report were alternatives to removal of the fencing. Staff was directed to send the information contained in the draft report to MnDOT. OLD BUSINES~ a. Award of Police Non-Patrol Vehicle Discussion was held regarding the purchase of a new vehicle versus a used vehicle. Motion by Petkoff, second by Peterson to appropriate $16,213 ($14,989 plus $974 sales tax, $250 for license places) in the Capital Equipment Replacement Fund from revenue received'for the sale of three old police vehicles and the difference of $5,115 from Undesignated Fund Balance of Fund 431-Capital Equipment and to authorize the Mayor and City Manager to enter into an agreement with Polar Chev of White Bear Lake to purchase one 1995 Chevrolet Lumina 4-door sedan. Roll call: All ayes b. Award of Bid for Tennis Court Resurfacina - Municipal Project #9303 Motion by Ruettimann, second by Petkoff to reject bids for tennis court resurfacing, Municipal Project ~9303 and authorize staff to rebid the project. Staff advised that a rebid may not result in more bidders nor better bids. Motion to reject was withdrawn. REGULAR COUNCIL MEETING NAY 30, 1995 PAGE 10 Motion by Jolly, second by Peterson to award the tennis court resurfacing, Municipal Project ~9303 to C & H Construction of Lonsdale, Minnesota, based upon their low, qualified, responsible bid in the eunount of $2,995 with funds to be appropriated from Fund 412-45200-5130, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Award of Self-Powered Lawn Sweeper Members of the Council expressed concern that only one bid was received for this item. While it was noted this is a specialized piece of equipment, Councilmembers recalled there is a staff person whose responsibility is to be a "shopper" for Public Works Department equipment. It was felt this employee could do some more research on the availability of this equipment from more than one source. Motion by Ruettimann, second by Peterson to table this matter for further consideration. Roll call: All ayes Acceptance of Project #9413 Reroofina Pump Station #3 Motion by Jolly, second by Peterson to accept the roof replacement project for pump station ~3 completed by Rayco Construction, Inc. of Columbia Heights, Minnesota. Roll call: All ayes 9. ~EW BUSINESS a. ~HFA First Time Homebuver Minnesota City Participation ~roaram ;MCPP~ Motion by Ruettimann, second by Petkoff to grant approval (concurrence) for the Housing and Redevelopment Authority to apply for an allocation of up to $2,000,000 from the Minnesota Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if successful in securing an allocation, to provide the necessary City/HRA involvement in the Program. Roll call: All ayes b. Purchase of C.P. Rail Property at 3725 Fifth Street REGULAR COUNCILMEETING MAY 30, 1995 PAGE 11 Motion byPeterson, second by Jolly to authorize the Mayor and City]tanager to enter into a purchase agreement with C.P. Rail System (Soo Line Railroad) for the purchase of 3725 Fifth Street Northeast (P.I.N. ~35-30-24-34-0029) for $1.50 per square foot with the total value to be determined by a survey of the property. Roll call: All ayes c. Abatement of Annual Interest on Special Assessment of $17.02 for Pro_petty at 4108/4110 Madison Street for Sealcoating The City Manager advised that the property owner located his assessment statement. He had previously indicated he did not receive the statement and did not feel liable for the interest. He notified the City Manager he did find the statement and subsequently paid the assessment and the interest. Motion by Ruettimann, second byPeterson to deny abatement of annual interest of $17.02 on special assessment for 4108/4110 Madison Street Northeast for sealcoating. Roll call: Ail ayes d. Authorization of Fundina for "Pro~ect Safety Net" Participation The Acting Police Chief reviewed the project which has been initiated and implemented by the City of Fridley. Councilmember Ruettimann recommended that charges to parents for holding their children in the drop-off center be a consideration. The "Universal Curfew" currently being instituted in three metro counties was discussed. Motion by Peterson, second by Petkoff to authorize the Columbia Heights Police Department to participate in the Fridley "Project Safety Net" Program and provide the funding of $6,104 to the City of Fridley from Undesignated General Fund Balance and to allow the City Manager and Mayor to enter into such an agreement. Roll call: All ayes e. Auulication for Pr~mise Permit - Application for Immaculate Conception Church REGULAR COUNCIL MEETING MAY 30, 1995 PAGE 12 10. Motion by Petkoff, second by Peterson to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicatingthatthe City of Columbia Heights has no objection to a premise permit for the Church of Immaculate Conception to Conduct Class A gambling activities at Tycoon Bar, 4952 Central Avenue Northeast, and furthermore, that the City Council hereby waives the remainder of the sixty day notice to the local governing body. Roll call: All ayes a. Report of the City Manager The City Manager's report was submitted in written form. The City Manager advised he was in receipt of a letter from the owner of the Business Center regarding payment of taxes owed. It was noted that the majority of potential home purchasers in Heritage Heights have indicated their preference for one style of home. It had been hoped that there would be a variety of four different types of homes in a given area. The developer will attempt to make the outside appearance reflect some variety. Councilmember Ruettimann requested that the tapes of Robert's Rules of Order be made available to members of the City Council. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Peterson to meeting at 8:50 p.m. Roll call: All ayes -~nne student,-Council adjourn the  yor ~Joseph Sturdevant Secretary